Key Benefits:
Publics concerned: bodies of engineers and technical and administrative research and training personnel under the Minister for Higher Education.
Subject: delegation of authority from the Minister responsible for higher education to the Vice-Presidents for the recruitment and management of officials in the engineering and technical and administrative research and training sector.
Entry into force: the text comes into force on the day after its publication.
Notice: This decree draws the consequences, in terms of management, of the integration of laboratory technical personnel of the Ministry of National Education in the engineering and technical and administrative personnel of research and training of the Ministry responsible for higher education by the Decree No. 2011-979 of 16 August 2011. In order to maintain close management for those of these staff assigned to the Wallis and Futuna Islands, in the Department of Mayotte, New Caledonia and French Polynesia, this decree empowers the Minister responsible for higher education to delegate his powers to the Vice-Presidents for the management of engineers and technical and administrative personnel of research and training assigned to them. In addition, the text harmonizes the regime of signature delegations that may be granted by academy rectors in the management of these personnel with that applicable to the management of personnel under the Minister responsible for education since the coming into force of the reform of the academic organization by the Decree No. 2012-16 of 5 January 2012.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of National Education, Higher Education and Research,
Vu la Organic Law No. 99-209 of 19 March 1999 amended on New Caledonia, including articles 21, 26 and 59-1;
Vu la Act No. 2004-192 of 27 February 2004 amended to provide autonomy for French Polynesia, including articles 61, 169 and 170;
Vu le education code ;
Vu le general code of territorial authoritiesincluding articles L. 3441-1 and LO 3511-1;
Vu la Act No. 61-814 of 29 July 1961 amended conferring on the Wallis and Futuna islands the status of overseas territory;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Having regard to the law of the country No. 2009-09 of 28 December 2009 on the transfer to New Caledonia of the competence of the State in the field of second-level public and private education, private primary education and school health;
Vu le Decree No. 85-1534 of 31 December 1985 Amending the statutory provisions applicable to engineers and technical and administrative personnel of research and training of the Ministry of Higher Education;
Vu le Decree No. 2001-848 of 12 September 2001 modified for the deconcentration of certain recruitment and management operations relating to engineers and technical and administrative research and training personnel of the department responsible for higher education;
Considering Convention No. HC 56-07 of 4 April 2007 between the State and French Polynesia on education;
In view of the agreement of 18 October 2011 between the State and New Caledonia on the provision of free and comprehensive staff paid on the State budget for the exercise of the competences in the field of second-level public and private education, private primary education and school health;
Considering the advice of the Ministerial Technical Committee on Higher Education and Research dated January 15, 2014;
The State Council (Section of Administration) heard,
Decrete:
In article 1 of the decree of 12 September 2001 referred to above, after the words: "to the recurs of academy" are added the words: "and to the Vice-Rectors of the Wallis and Futuna Islands, the Department of Mayotte, New Caledonia and French Polynesia."
Article 4 of the same decree is replaced by the following provisions:
“Art. 4.-For all acts within their jurisdiction:
« 1° Academy rectors may delegate their signature, by order, to the Secretary General of the academy and, in the event of absence or incapacity of the academy, to the administrator of national education, higher education and research responsible for the functions of deputy secretary general of academy and the chiefs of division of the rectorate within the limits of their responsibilities;
« 2° The Vice-Presidents referred to in Article 1 of this Decree may delegate their signature, by order, to the administrator of national education, higher education and research responsible for the functions of Secretary-General of the Vice-Rectorate and, in the event of absence or incapacity of the Vice-Rectorate, to the Class Officer A acting as Deputy to the Secretary General of the Vice-Rectorate and to the Chiefs of Division of the Vice-Rectorate within the limits of their responsibilities. »
Article 5 of the same decree is amended as follows:
1° In the first paragraph, after the words: "Academic rectors" are added the words: "and the vice-rectors mentioned in article 1 of this decree" and, after the words: "in the spring of the academy", are added the words: "or in that of the vice-rectorate";
2° The second paragraph is deleted.
After Article 5 of the same decree, an article 5-1 is inserted as follows:
"Art. 5-1.-The signature delegations provided for in Articles 4 and 5 of this Decree shall establish the acts and bodies of officials for which they have been granted. They come into force on the day after their publication in the collection of administrative acts of the prefecture of the region, that of the high commissioner of the Republic, that of the prefecture or that of the higher administration. They may be repealed at any time. They end at the same time as the functions of the person who gave them or at the same time as the functions of the person who received them. »
The Minister of National Education, Higher Education and Research and the Minister of Decentralization and Public Service are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on August 19, 2014.
Manuel Valls
By the Prime Minister:
Minister of National Education, Higher Education and Research,
Benoît Hamon
Minister of Decentralization and Public Service,
Marylise Lebranchu
